ASHISH SHARMA Vs. INDU TYAGI

JUDGEMENT

(1.) Challenge in the Petition is to the order dtd. 11/1/2022 passed by the State Government whereby Revision Application preferred by Respondent Nos. 1 to 3 pursuant to the provisions of Sec. 154 of the Maharashtra Co-operative Societies Act (Hereinafter referred to for the sake of brevity as "the Act"?) came to be allowed vide impugned order dtd. 11/1/2022.

(2.) Facts necessary for deciding the present Petition are as under:-

(3.) Petitioners claimed to have preferred an Application under Sec. 18 read with Rule 17 of the Act before Deputy Registrar, Co-operative Societies, seeking bifurcation of Omega Paradise Phase-1 Co-operative Housing Society Ltd. It is the case of the Petitioners that Petitioners alongwith 40 other members preferred an Application for bifurcation of the aforesaid Society which is in relation to the land bearing Survey No. 174 (Part) and 175(Part) situated at Wakad Pune on 12/9/2018 and 7/9/2019. The said proceedings were posted for hearing on 24/2/2021 by the Deputy Registrar i.e. Respondent No. 5. Claim therein was objected by Dinesh Chaudhary and 50 others i.e. other members. In the said proceedings, Respondent No. 5 has noticed that the Society of which bifurcation is sought was registered on 5/3/2019 and deemed conveyance was executed under Sec. 11 of the MOFA on 19/9/2017 and 18/12/2017. The Building Nos. A, B, C, D are consisting of Row Houses i.e. J-1, J-2, J-3 and K-1, K-2 and K-3, whereas Building Nos. E, F, G, H and open space Nos. 1 to 4 and 5, Club House Nos. 1 and 2 stood vested in the Society with area of 26508 sq. meters. A Development Plan Road (D.P. Road) has passed through the aforesaid land of the Society which has divided the same into two parts. The Apex Society has consented for division, subject to certain conditions. For proper administration of the Society and in the interest of members of the Society, it was decided to bifurcate the Society under Sec. 18 of the Act, thereby incorporating proposed Omega Paradise A, B, C, D, I, J, K Co-operative Housing Society on Survey Nos. 174 (Part) and 175(Part) and proposed Omega Paradise E, F, G, H Co-operative Housing Society on Survey No. 174 (Part) and 175(Part), Wakad, Pune. Draft Order of division of Respondent-Society accordingly was issued on 24/2/2021.